H.B. 731
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 18, 2023
SESSION 2023 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH30089-ND-47
Short Title: Police Reform for 2023. (Public)
Sponsors: Representative Brockman.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO LIMIT NO-KNOCK WARRANTS, TO LIMIT THE USE OF CHOKEHOLDS
3 BY LAW ENFORCEMENT OFFICERS, AND TO STRENGTHEN THE TRAINING AND
4 EDUCATION OF LAW ENFORCEMENT OFFICERS.
5 The General Assembly of North Carolina enacts:
6
7 SPECIFIC PROBABLE CAUSE FINDING FOR NO-KNOCK WARRANTS
8 SECTION 1.(a) Article 11 of Chapter 15A of the General Statutes reads as rewritten:
9 "Article 11.
10 "Search Warrants.
11 …
12 "§ 15A-242. Items subject to seizure under a search warrant.
13 An item is subject to seizure pursuant to a search warrant if there is probable cause to believe
14 that it:any of the following:
15 (1) Is It is stolen or embezzled; orembezzled.
16 (2) Is It is contraband or otherwise unlawfully possessed; orpossessed.
17 (3) Has It has been used or is possessed for the purpose of being used to commit
18 or conceal the commission of a crime; orcrime.
19 (4) Constitutes It constitutes evidence of an offense or the identity of a person
20 participating in an offense.
21 …
22 "§ 15A-244. Contents of the application for a search warrant.
23 (a) Each application for a search warrant must be made in writing upon oath or
24 affirmation. All applications must contain:
25 (1) The name and title of the applicant; andapplicant.
26 (2) A statement that there is probable cause to believe that items subject to seizure
27 under G.S. 15A-242 may be found in or upon a designated or described place,
28 vehicle, or person; andperson.
29 (3) Allegations of fact supporting the statement. The statements must be
30 supported by one or more affidavits particularly setting forth the facts and
31 circumstances establishing probable cause to believe that the items are in the
32 places or in the possession of the individuals to be searched; andsearched.
33 …
34 (b) For an officer to be able to break and enter any premises or vehicle in the execution
35 of a search warrant pursuant to G.S. 15A-251(b), the application for a search warrant under
36 subsection (a) of this section must also contain:
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 General Assembly Of North Carolina Session 2023
1 (1) A statement that there is probable cause to believe that the giving of notice of
2 the execution of the search warrant would endanger the life or safety of any
3 person.
4 (2) Allegations of fact particularly setting forth the facts and circumstances
5 establishing probable cause to believe that the giving of notice of the
6 execution of the search warrant would endanger the life or safety of any
7 person.
8 "§ 15A-245. Basis for issuance of a search warrant; duty of the issuing official.
9 …
10 (b) If the issuing official finds that the application meets the requirements of this Article
11 and finds there is probable cause to believe that the search will discover items specified in the
12 application which are subject to seizure under G.S. 15A-242, he the official must issue a search
13 warrant in accordance with the requirements of this Article. The issuing official must retain a
14 copy of the warrant and warrant application and must promptly file them with the clerk. If he the
15 official does not so find, the official must deny the application.
16 "§ 15A-246. Form and content of the search warrant.
17 A search warrant must contain:
18 (1) The name and signature of the issuing official with the time and date of
19 issuance above his signature; andthe issuing official's signature.
20 (2) The name of a specific officer or the classification of officers to whom the
21 warrant is addressed; andaddressed.
22 (3) The names of the applicant and of all persons whose affidavits or testimony
23 were given in support of the application; andapplication.
24 (4) A designation sufficient to establish with reasonable certainty the premises,
25 vehicles, or persons to be searched; andsearched.
26 …
27 "§ 15A-247. Who may execute a search warrant.
28 A search warrant may be executed by any law-enforcement officer acting within his the
29 law-enforcement officer's territorial jurisdiction, whose investigative authority encompasses the
30 crime or crimes involved.
31 …
32 "§ 15A-249. Officer to give notice of identity and purpose.
33 The officer executing a search warrant must, before entering the premises, give appropriate
34 notice of his the officer's identity and purpose to the person to be searched, or the person in
35 apparent control of the premises to be searched. If it is unclear whether anyone is present at the
36 premises to be searched, he the officer must give the notice in a manner likely to be heard by
37 anyone who is present.
38 …
39 "§ 15A-251. Entry by force.
40 An officer may break and enter any premises or vehicle when necessary to the execution of
41 the warrant if:under either of the following circumstances:
42 (1) The officer has previously announced his the officer's identity and purpose as
43 required by G.S. 15A-249 and reasonably believes either that admittance is
44 being denied or unreasonably delayed or that the premises or vehicle is
45 unoccupied; orunoccupied.
46 (2) The officer has probable cause to believe that the giving of notice would
47 endanger the life or safety of any person.warrant includes the statement and
48 allegations of fact required by G.S. 15A-244(b).
49 …
50 "§ 15A-253. Scope of the search; seizure of items not named in the warrant.
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1 The scope of the search may be only such as is authorized by the warrant and is reasonably
2 necessary to discover the items specified therein. Upon discovery of the items specified, the
3 officer must take possession or custody of them. If in the course of the search the officer
4 inadvertently discovers items not specified in the warrant which are subject to seizure under
5 G.S. 15A-242, he the officer may also take possession of the items so discovered.
6 "§ 15A-254. List of items seized.
7 Upon seizing items pursuant to a search warrant, an officer must write and sign a receipt
8 itemizing the items taken and containing the name of the court by which the warrant was issued.
9 If the items were taken from a person, the receipt must be given to the person. If items are taken
10 from a place or vehicle, the receipt must be given to the owner, or person in apparent control of
11 the premises or vehicle if the person is present; or if he the person is not, not present, the officer
12 must leave the receipt in the premises or vehicle from which the items were taken.
13 "§ 15A-255. Frisk of persons present in premises or vehicle to be searched.
14 An officer executing a warrant directing a search of premises or of a vehicle may, if the
15 officer reasonably believes that his the officer's safety or the safety of others then present so
16 requires, search for any dangerous weapons by an external patting of the clothing of those
17 present. If in the course of such a frisk he the officer feels an object which he the officer
18 reasonably believes to be a dangerous weapon, he the officer may take possession of the object.
19 …."
20 SECTION 1.(b) This section becomes effective October 1, 2023, and applies to
21 search warrants issued on or after that date.
22
23 INCLUDE CHOKEHOLDS AND SIMILAR TACTICS IN THE DEFINITION OF
24 DEADLY FORCE
25 SECTION 2.(a) G.S. 15A-401(d) reads as rewritten:
26 "(d) Use of Force in Arrest. –
27 …
28 (2) A law-enforcement officer is justified in using deadly physical force upon
29 another person for a purpose specified in subdivision (1) of this subsection
30 only when it is or appears to be reasonably necessary thereby:
31 …
32 Strangleholds, chokeholds, lateral vascular neck restraints, carotid restraints,
33 or any other tactics that restrict oxygen or blood flow to the head or neck shall
34 be considered the use of deadly force under this subdivision.
35 Nothing in this subdivision constitutes justification for willful, malicious or
36 criminally negligent conduct by any person which injures or endangers any
37 person or property, nor shall it be construed to excuse or justify the use of
38 unreasonable or excessive force."
39 SECTION 2.(b) This section is effective when it becomes law and applies to uses of
40 force occurring on or after that date.
41
42 REQUIRE LAW ENFORCEMENT OFFICERS TO USE BODY-WORN CAMERAS
43 SECTION 3.(a) Article 4 of Chapter 20 of the General Statutes is amended by adding
44 a new section to read:
45 "§ 20-196.6. Require use of body-worn cameras.
46 (a) State Troopers shall utilize body-worn cameras, as that term is defined in
47 G.S. 132-1.4A, in all interactions with members of the public, including, but not limited to, the
48 following:
49 (1) Traffic stops.
50 (2) Pursuits.
51 (3) Arrests.
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1 (4) Searches.
2 (5) Interrogations not covered under G.S. 15A-211.
3 (6) Interviews with victims and witnesses.
4 (7) Interactions with inmates of a State correctional facility or local confinement
5 facility.
6 (b) The requirements of subsection (a) of this section shall not apply to State Troopers
7 during undercover operations."
8 SECTION 3.(b) Chapter 74E of the General Statutes is amended by adding a new
9 section to read:
10 "§ 74E-10.1. Require use of body-worn cameras.
11 (a) Company police officers shall utilize body-worn cameras, as that term is defined in
12 G.S. 132-1.4A, in all interactions with members of the public, including, but not limited to, the
13 following:
14 (1) Arrests.
15 (2) Searches.
16 (3) Interrogations not covered under G.S. 15A-211.
17 (4) Interviews with victims and witnesses.
18 (b) The requirements of subsection (a) of this section shall not apply to company police
19 officers during undercover operations."
20 SECTION 3.(c) Chapter 74G of the General Statutes is amended by adding a new
21 section to read:
22 "§ 74G-10.1. Require use of body-worn cameras.
23 (a) Campus police officers shall utilize body-worn cameras, as that term is defined in
24 G.S. 132-1.4A, in all interactions with members of the public, including, but not limited to, the
25 following:
26 (1) Traffic stops.
27 (2) Pursuits.
28 (3) Arrests.
29 (4) Searches.
30 (5) Interrogations not covered under G.S. 15A-211.
31 (6) Interviews with victims and witnesses.
32 (b) The requirements of subsection (a) of this section shall not apply to campus police
33 officers during undercover operations."
34 SECTION 3.(d) Subpart C of Part 4 of Article 13 of Chapter 143B of the General
35 Statutes is amended by adding a new section to read:
36 "§ 143B-927.1. Require use of body-worn cameras.
37 (a) Law enforcement officers of the State Bureau of Investigation shall utilize body-worn
38 cameras, as that term is defined in G.S. 132-1.4A, in all interactions with members of the public,
39 including, but not limited to, the following:
40 (1) Traffic stops.
41 (2) Pursuits.
42 (3) Arrests.
43 (4) Searches.
44 (5) Interrogations not covered under G.S. 15A-211.
45 (6) Interviews with victims and witnesses.
46 (7) Interactions with inmates of a State correctional facility or local confinement
47 facility.
48 (b) The requirements of subsection (a) of this section shall not apply to law enforcement
49 officers of the State Bureau of Investigation during undercover operations."
50 SECTION 3.(e) Part 1 of Article 10 of Chapter 153A of the General Statutes is
51 amended by adding a new section to read:
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1 "§ 153A-213. Require use of body-worn cameras.
2 (a) County law enforcement officers shall utilize body-worn cameras, as that term is
3 defined in G.S. 132-1.4A, in all interactions with members of the public, including, but not
4 limited to, the following:
5 (1) Traffic stops.
6 (2) Pursuits.
7 (3) Arrests.
8 (4) Searches.
9 (5) Interrogations not covered under G.S. 15A-211.
10 (6) Interviews with victims and witnesses.
11 (7) Interactions with inmates of a State correctional facility or local confinement
12 facility.
13 (b) The requirements of subsection (a) of this section shall not apply to county law
14 enforcement officers during undercover operations."
15 SECTION 3.(f) Article 13 of Chapter 160A of the General Statutes is amended by
16 adding a new section to read:
17 "§ 160A-290. Require use of body-worn cameras.
18 (a) City law enforcement officers shall utilize body-worn cameras, as that term is defined
19 in G.S. 132-1.4A, in all interactions with members of the public, including, but not limited to,
20 the following:
21 (1) Traffic stops.
22 (2) Pursuits.
23 (3) Arrests.
24 (4) Searches.
25 (5) Interrogations not covered under G.S. 15A-211.
26 (6) Interviews with victims and witnesses.
27 (7) Interactions with inmates of a State correctional facility or local confinement
28 facility.
29 (b) The requirements of subsection (a) of this section shall not apply to city law
30 enforcement officers during undercover operations."
31 SECTION 3.(g) This section becomes effective October 1, 2023, and applies to
32 interactions occurring on or after that date.
33
34 REQUIRE ADDITIONAL LAW ENFORCEMENT TRAINING RELATED TO THE USE
35 OF FORCE, THE USE OF DEADLY FORCE, AND EXCESSIVE FORCE
36 SECTION 4.(a) G.S. 17C-6(a) reads as rewritten:
37 "(a) In addition to powers conferred upon the Commission elsewhere in this Article, the
38 Commission shall have the following powers, which shall be enforceable through its rules and
39 regulations, certification procedures, or the provisions of G.S. 17C-10:
40 …
41 (2) Establish minimum educational and training standards that must be met in
42 order to qualify for entry level employment and retention as a criminal justice
43 officer in temporary or probationary status or in a permanent position. The
44 standards for entry level employment shall include all of the following:
45 …
46 d. Education and training on the use of force, the use of deadly force,
47 excessive force, methods for intervening when witnessing excessive
48 force, de-escalation tactics, and methods of warning individuals prior
49 to discharging a firearm.
50 …
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1 (14) Establish minimum standards for in-service training for criminal justice
2 officers. In-servic